Case law

Scotto v. Almenas

143 F.3d 105 · Court of Appeals for the Second Circuit · May 5, 1998

Most executive officials receive qualified immunity, whereby "government officials performing discretionary functions ... are shielded from liability ... insofar as their conduct does not violate clearly established statutory … Qualified Immunity 28 The district court did not consider, and the parties have not briefed, whether or not Almenas, as alleged by Scotto, violated clearly established constitutional norms of which an objectively reasonable

Mitchell v. Coffey County Hospital

903 F. Supp. 1415 · District Court, D. Kansas · Sep 25, 1995

QUALIFIED IMMUNITY The individual defendants contend that they are entitled to qualified immunity on plaintiffs due process claim because the law was not clearly established at the time of plaintiffs termination. … This exception to the rule that the qualified immunity defense fails where the defendant violated a clearly established right applies only rarely. Id.

Valdez v. United States

58 F. Supp. 3d 795 · District Court, W.D. Michigan · Nov 7, 2014

“The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 1866 (quoting Hope, 536 U.S. at 739 , 122 S.Ct. 2508 ). … The Court begins with the second prong of the qualified immunity analysis: whether the right at issue was clearly established.

James Cameron v. Richard Thornburgh, Attorney General

983 F.2d 253 · Court of Appeals for the D.C. Circuit · Jan 22, 1993

the defendants therefore had qualified immunity from suit. … protected by qualified immunity.

Dunn v. Village of Put-In-Bay

291 F. Supp. 2d 647 · District Court, N.D. Ohio · Nov 4, 2003

was clearly established at the time that the injury occurred. … The Village and Township, therefore, are entitled to qualified immunity. E.

Stephens v. City of Akron

729 F. Supp. 2d 945 · District Court, N.D. Ohio · Jul 27, 2010

Clearly Established Inquiry The law clearly establishes that an officer may not use deadly force to seize an unarmed suspect. … on the issue of qualified immunity.

Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District

428 F.3d 223 · Court of Appeals for the Sixth Circuit · Nov 1, 2005

Analysis of Qualified Immunity The individual defendants also raise a qualified immunity defense as a basis for their Rule 12(b)(6) motion. … Evans-Marshall’s claim also satisfies the second prong of qualified immunity, that “the right was clearly established.” Saucier, 533 U.S. at 201, 121 S.Ct. 2151 .

Taylor Ex Rel. Estate of Mason v. Adams

221 F.3d 1254 · Court of Appeals for the Eleventh Circuit · Aug 11, 2000

her qualified immunity. … See, e.g., Layne, 119 S.Ct. at 1695 (holding defendants entitled to qualified immunity despite their unconstitutional conduct because of the lack of clearly established, preexisting law governing that conduct).

Jensen v. Lane County

222 F.3d 570 · Court of Appeals for the Ninth Circuit · Aug 23, 2000

Robbins violated a clearly established constitutional or statutory right of which a reasonable person would have known. See Harlow, 457 U.S. at 818 , 102 S.Ct. 2727 . … Robbins’ determination that probable cause existed to sign the certificate was reasonable under the circumstances and he did not violate clearly established law.”

Arlen Yalkut v. Augie Gemignani and Myron Gold

873 F.2d 31 · Court of Appeals for the Second Circuit · Apr 18, 1989

), from which defendants claim qualified immunity. … Because Yalkut’s complaint alleges no actions by defendants that violated a clearly established constitutional right to due process, defendants are immune from suit.

Billie M. Ireland v. Gary L. Tunis, Richard Thompson, John Meiers, and Richard D. Kuhn

113 F.3d 1435 · Court of Appeals for the Sixth Circuit · Jun 26, 1997

Accordingly, because Meiers’s actions in swearing to the complaint were objectively reasonable and violated no clearly established law, we hold that Meiers is entitled to qualified immunity under the Malley formulation. … immunity because his involvement was objectively reasonable and violated no clearly established law.

Aspinwall v. Herrin

879 F. Supp. 1227 · District Court, S.D. Georgia · Dec 27, 1994

Herrin is entitled to qualified immunity on Plaintiffs’ claim because it was not clearly established in January of 1993 that a Georgia sheriff was bound by a county merit system. … Under the objective reasonableness standard for qualified immunity, Plaintiffs have the burden of proving that Herrin’s actions violated clearly established constitutional law.

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Diane M. Wilson v. Ugo Formigoni, Carlos Deeb and Bruce Wilosinski

42 F.3d 1060 · Court of Appeals for the Seventh Circuit · Dec 14, 1994

The court found, however, that it was not clearly established that Youngberg applied to those voluntary patients who were in reality committed involuntarily. … Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from liability for civil damages if “their conduct does not violate clearly established statutory or constitutional

Taylor v. West Virginia Department of Health & Human resources

237 W. Va. 549 · West Virginia Supreme Court · Apr 14, 2016

Therefore, to the extent that petitioners have established sufficient evidence that the challenged employment actions were a violation of clearly established statutory or constitutional rights or laws of which a reasonable … ’ claims are not barred by qualified immunity.

Cox v. Roskelley

359 F.3d 1105 · Court of Appeals for the Ninth Circuit · Feb 20, 2004

The defendants filed a motion for summary judgment, without making any qualified immunity argument. … The second summary judgment motion asserted, for the first time, a qualified immunity defense.

Jones v. Chandrasuwan

76 F. Supp. 3d 603 · District Court, M.D. North Carolina · Dec 30, 2014

When subject to suit under § 1983, state and local officials may assert qualified immunity to shield them from liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional … Finding that this right is not clearly established, this court determines that Defendants are entitled to qualified immunity, even if there was some sort of constitutional violation.

Mossey v. City of Galveston, Tex.

94 F. Supp. 2d 793 · District Court, S.D. Texas · Apr 25, 2000

Plaintiff’s Claim of Unlawful Arrest Is Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. See Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992). … Plaintiff’s Claim of Excessive Force Is Not Barred by Qualified Immunity Established law clearly provides that Plaintiff has a Fourteenth Amendment right to be free from the use of excessive force by police.

Hemmah v. City of Red Wing

592 F. Supp. 2d 1134 · District Court, D. Minnesota · Dec 30, 2008

Qualified Immunity Defendants Kuhlmann and Seymour 2 seek judgment as a matter of law on the ground that they are protected by qualified immunity. 3 The doctrine of qualified immunity shields state actors performing discretionary … Dist., 512 F.3d 472, 476 (8th Cir.2008), the Court concludes that Hemmah’s right was not clearly established in this case and that, consequently, Defendants Kuhlmann and Seymour are entitled to qualified immunity.

Abiff v. Slaton

806 F. Supp. 993 · District Court, N.D. Georgia · Oct 29, 1992

Thus, the Court grants Defendants’ Motion to Dismiss as to these Defendants in their individual capacities. b) Qualified immunity Defendants have both (1) raised the affirmative defense of qualified immunity and (2) argued … In his reply, Plaintiff, in an effort to avoid these immunity defenses, asserts that “since Plaintiffs action is an official-capacity-lawsuit the Defendants qualified immunity defense is not available in this case.”